This bill revises existing laws regarding health care proxy decisionmakers in Montana by introducing the concept of a patient-designated "trusted decisionmaker." Patients can designate this trusted decisionmaker after being admitted to a hospital, allowing them to make health care decisions on the patient's behalf if the patient lacks decisional capacity. The attending health care provider is required to document this designation and notify the patient's family. Additionally, the bill establishes a hierarchy for selecting decisionmakers, prioritizing guardians and agents appointed in a medical durable power of attorney before considering other proxies.
Key amendments include the requirement for the health care provider to ensure that the designation of a trusted decisionmaker is witnessed and documented, and the clarification that a trusted decisionmaker remains in place until the patient completes a medical durable power of attorney, designates another trusted decisionmaker, or is discharged from the hospital. The bill also modifies the definitions of decisionmakers and outlines the notification process for interested persons when a patient lacks decisional capacity, specifying that these provisions do not apply if a trusted decisionmaker has been designated.
Statutes affected: LC Text: 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(5): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(6): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(7): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1(8): 50-5-110, 50-5-1301, 50-5-1303
HB0825_1: 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_2: 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(1): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(2): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(3): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(4): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(5): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(6): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(7): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(8): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X(9): 50-5-110, 50-5-1301, 50-5-1303
HB0825_X: 50-5-110, 50-5-1301, 50-5-1303